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| Moreover, the human right to education is also aimed at securing happiness. Therefore, education should not be confined to literacy. Rather, its aim should be all-round development of personality ie. intellectual, mental, moral and physical so as to make an individual an asset to the human society. This aspect is highlighted in the chapter of education, Shikshavalli (Lesson eight) in the Taittiriyopanishad. It adds further more that the real happiness and prosperity of any Nation is directly proportional to the number of such kind of people it has produced, through proper education which secures all round development and personality of all its individuals. | | Moreover, the human right to education is also aimed at securing happiness. Therefore, education should not be confined to literacy. Rather, its aim should be all-round development of personality ie. intellectual, mental, moral and physical so as to make an individual an asset to the human society. This aspect is highlighted in the chapter of education, Shikshavalli (Lesson eight) in the Taittiriyopanishad. It adds further more that the real happiness and prosperity of any Nation is directly proportional to the number of such kind of people it has produced, through proper education which secures all round development and personality of all its individuals. |
| * '''Right to protection''' | | * '''Right to protection''' |
− | Manusmrti declares that the highest duty of a Raja is to protect his people. Thus, the right to protection of the people was sought to be secured by creating duties of the Rulers as part of Raja Dharma, the Constitutional Law of Ancient Bharata, that applied to all the Rulers who might be ruling in any part of the territory of Bharata. Kamandaka Nitisara also gives paramount importance to the duty of the Rajas to afford full protection against injustice to individual irrespective of whoever the person may be, who inflicted injury or was attempting to inflict injury.<ref>Justice Mandagadde Rama Jois (1997), [https://www.vhp-america.org/wp-content/uploads/2018/09/DHARMA_Ram_Jois.pdf Dharma: The Global Ethic], Bharatiya Vidya Bhavan.</ref> It shows that law is supreme. And the Raja was duty-bound to give full protection to his people. In fact, along with this general provision, there were also certain specific provisions like the duty to restore stolen property or to pay its value that throw considerable light on the importance given to the human right to protection. | + | Manusmrti declares that the highest duty of a Raja is to protect his people. Thus, the right to protection of the people was sought to be secured by creating duties of the Rulers as part of Raja Dharma, the Constitutional Law of Ancient Bharata, that applied to all the Rulers who might be ruling in any part of the territory of Bharata. Kamandaka Nitisara also gives paramount importance to the duty of the Rajas to afford full protection against injustice to individual irrespective of whoever the person may be, who inflicted injury or was attempting to inflict injury.<ref>Justice Mandagadde Rama Jois (1997), [https://www.vhp-america.org/wp-content/uploads/2018/09/DHARMA_Ram_Jois.pdf Dharma: The Global Ethic], Bharatiya Vidya Bhavan.</ref> This shows that law is supreme. And the Raja was duty-bound to give full protection to his people. There were also certain specific provisions like the duty to restore stolen property or to pay its value that throw considerable light on the importance given to the human right to protection. |
| * '''Right to practice any Religion''' | | * '''Right to practice any Religion''' |
| The Indian Constitution confers the fundamental right to all to practice any religion of their choice. In the ancient times, this basic human right was sought to be protected by incorporating a specific rule in Raja Dharma to the effect that the State was under a duty to protect every religion without discrimination. The Narada Smrti states that the Raja is required to give equal protection not only to believers in the Supreme Being or Vedas, but also disbelievers. That is the width of freedom of thought, belief and faith recognised as the basic human right in Bharata, as part of Raja Dharma which is secularism par excellence.<ref name=":0" /> | | The Indian Constitution confers the fundamental right to all to practice any religion of their choice. In the ancient times, this basic human right was sought to be protected by incorporating a specific rule in Raja Dharma to the effect that the State was under a duty to protect every religion without discrimination. The Narada Smrti states that the Raja is required to give equal protection not only to believers in the Supreme Being or Vedas, but also disbelievers. That is the width of freedom of thought, belief and faith recognised as the basic human right in Bharata, as part of Raja Dharma which is secularism par excellence.<ref name=":0" /> |
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| The Mahabharata verse which declared rules of “Dharma” included in itself ''saṁvibhāga'' (sharing wealth with others) and ''bhr̥tyabharaṇa'' (the duty of an individual to maintain his dependents). Thus, instead of throwing the entire burden of social security on the exchequer (royal or national treasury), it is delineated to be borne by the earning member of a family. This duty, rooted in the two basic values of life namely selflessness and sacrifice, is perhaps is the best form of social security recognised and provided as a human right in Bharatiya civilization and culture.<ref name=":0" /> | | The Mahabharata verse which declared rules of “Dharma” included in itself ''saṁvibhāga'' (sharing wealth with others) and ''bhr̥tyabharaṇa'' (the duty of an individual to maintain his dependents). Thus, instead of throwing the entire burden of social security on the exchequer (royal or national treasury), it is delineated to be borne by the earning member of a family. This duty, rooted in the two basic values of life namely selflessness and sacrifice, is perhaps is the best form of social security recognised and provided as a human right in Bharatiya civilization and culture.<ref name=":0" /> |
− | * '''Right to humane treatment in custody and in prison'''
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− | Protection of human rights even when a person was —apprehended by public servants for offences alleged to have been committed by him or even after conviction and sentenced to undergo imprisonment was also envisaged.
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− | * '''Protection of human rights even during and after war'''
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− | Human rights were regarded as sacrosanct in this land, since times immemorial, is evidenced by the rules which prescribed that even during and after winning wars, certain human rights were required to be respected and protected. Some of them are:
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− | * Rules of warfare like
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− | “Let not the king strike with concealed weapons, nor weapons which are barbed, poisoned or the points of which are blazed with fire.
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− | He should not strike, when he is on his chariot, one who is on the ground.
| + | === मानवीयाधिकाराणां रक्षणम् ॥ Protection of human rights === |
− | | + | Human rights were regarded as sacrosanct in this land, since times immemorial. This is evidenced by the fact that even during and after winning wars, certain human rights were required to be respected and protected. These were enumerated in the form of rules of warfare and rules regarding the treatment and protection of the conquered people. In fact, protection of human rights was envisaged even when a person was apprehended by public servants for offences alleged to have been committed by him or even after conviction and sentenced to undergo imprisonment through right to humane treatment while in custody and in prison. And laying down of such humane rules is, indeed, a mark of the development and respect for human rights in the Bharatiya Parampara. |
− | He should not strike a person who is an eunuch, or who has surrendered or is fleeing from the battlefield or one who is sitting or accepts defeat.
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− | Nor one who is sleeping, nor one who has lost his Armour, nor one who is naked, nor one who is only a spectator, nor one who is engaged in fighting with another;
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− | Nor one whose weapons are broken, nor one who is afflicted with sorrow, nor one who is grievously wounded, nor one who is in fear”. (Manu-VII, 90-93-98).
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− | These are the restrictions” on an honourable warrior, which every soldier must remember during war.
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− | This is the declared law for warriors, which a Kshatriya must not transgress, if he were to remain unblemished, when he is fighting with his foes in the battlefield. He should fight only in accordance with Dharma, which is, hence, called Dharmayudha. (Manusmriti, Ch. VII, Vs. 90-93 and 98). | |
− | * Treatment of conquered people
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− | (i) Having fully ascertained the wishes of all the conquered people, let him place a relative of the vanquished ruler on the throne, imposing necessary conditions.
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− | (ii) Let him give recognition to the lawful customs of the inhabitants just as they state them (to be) and let him honour the new king (so appointed) and his personal attendants with precious gifts. (Manu, Ch. VII, 202-21 Vs.03).
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− | * Protection of conquered people
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− | “Even when the conquered king has acted wrongly, the conqueror should not ruin his Country, since he would not have had the concurrence of his people for his misdeeds.” (Katyayana-21)
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− | Laying down of such humane rules to be observed during and after war is the high watermark of the development and respect for human rights.
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− | The observance of this Dharma is evidenced in Ramayana, by coronating Vibhishana the brother of Ravana after the latter was killed for his misdeed and in Mahabharata in coronating Sahadeva son of Jarasandha after the latter was killed for his misdeeds.<ref name=":0" />
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− | In conclusion, it is indisputable that restoration of doctrine of trivarga alone is the panacea for all social and political maladies with which the Nation is afflicted.<ref name=":0" />
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| + | Thus, the various dimensions of the Trivarga Siddhanta discussed herein reiterates that restoration of the doctrine of trivarga alone is the panacea for all social and political maladies with which a Nation gets afflicted.<ref name=":0" /> |
| == References == | | == References == |
| <references /> | | <references /> |